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SHAW v. COLLINS

No. 92-2468.

5 F.3d 128 (1993)

Robert M. SHAW, Petitioner-Appellee, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

October 25, 1993.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Elizabeth Elleson, Asst. Atty. Gen., Austin, TX, for respondent-appellant.

David B. Fannin, Austin, TX, for petitioner-appellee.

Robert M. Shaw, pro se.

Before JOHNSON, WIENER, and DeMOSS, Circuit Judges.

JOHNSON, Circuit Judge:

Robert Shaw was tried before a Texas district court for aggravated sexual assault of five-year-old Kinshasa Lane in June of 1986. Although Kinshasa was available to testify during the trial, the State refused to call her as a witness. The State instead introduced into evidence a videotaped interview of the child.1 Shaw objected. He contended that the State was required to...

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